The Sharper Edge of the Sword of Justice

 

In 1917 two anti-war activists were found guilty of attempting to cause insubordination among soldiers who had been drafted to fight in World War I.   They had circulated leaflets urging draftees not to “submit to intimidation” by fighting in a war being conducted on behalf of “Wall Street’s chosen few.”  The case, Schenck v. United States, went to the Supreme Court.  Justice Oliver Wendell Holmes rendered the verdict, noting that “…the character of every act depends upon the circumstances in which it is done.”  As an example, he gave what has become an oft misquoted statement: “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic.  It does not even protect a man from an injunction against uttering words that may have all the effect of force.”  [Emphasis added by author.]  Justice Holmes upheld the conviction of Schenck in the context of a wartime draft, holding that the pamphlet created “a clear and present danger of hindering the war effort while our soldiers were fighting for their lives and our liberty.”   

Over 100 years later we have a mob of insurrectionists storming the Capitol, trying to violently overthrow the government of the United States and impose their will on a lawfully conducted election.  These were not patriots, they were terrorists.  They were not Republicans, they were Trumpers, they were not even Americans in anything more than the academic sense, they were anarchists.  To say that I hold them in contempt would be as charitable a way to put things as I possibly can. 

            I hold all of them accountable for their actions.  They must be arrested and put before the bar of justice.  But the simple minded can always be led and cowards love a mob, so I am looking for the leader.  

            Donald Trump, his son, Donald, Jr., and his attorney, Rudy Giuliani, all used language that was the equivalent to yelling fire in a crowded theater.  They all, hours before the mob vandalized the Capitol and tried to change an election, exhorted violence.

            Trump told the crowd to “fight like hell.” He went on with lugubrious praise of the insurrectionists, adding, “we fight. We fight like hell. And if you don’t fight like hell, you’re not going to have a country anymore.”  He responded to the rabbles cheers with, “these people are not going to take it any longer.”  Trump then exhorted the mob to action.  “…we’re going to walk down Pennsylvania Avenue...and we’re going to the Capitol and we’re going to try and give Republicans the kind of pride and boldness that they need to take back our country. So let’s walk down Pennsylvania Avenue.”

Prior to Trump’s speech, Rudolph W. Giuliani addressed the crowd and called for “trial by combat” against the Democrats to win the election.  Trump’s son, Donald, Jr. warned the members of Congress that “We’re coming for you” and then added coercion to assault with the words “choose wisely.”

The fire of these words was fueled with the usual litany of Trump’s lies about the election.  Trump has become a single-issue zealot in the false narrative of his somehow having won an election which he clearly lost. 

Lies and intimidation are the chief weapon of zealots.  They are always obnoxious, frequently worrisome, sometimes dangerous, and they can be deadly.  Zealots are committed to a universal acceptance of only their reality.  They refuse to deal in logic.  The rights of others are in peril because of the tunnel vision produced by the zealot’s visceral devotion to a single cause.

 

            On January 6, 2021 Donald John Trump used a manic zeal to prime a fire, light a match and pour liquid flame in the direction of the Capitol.  He is as much responsible for what happened next as the men and women who violated the halls of the Congress.  Every person who has excused, explained, parsed and patronized this President is also responsible for what happened in that violation of democracy.  But there will be consequences. 

 

Justice is a terrible swift sword.  It is a sharp and sure blade which defends freedom by attacking anarchy.  We place this weapon willingly in the hands of our leaders but are watchful for its wise and accountable use.  It is the sword of justice that gives me hope now.  It is this optimistic persistence for good, this dedication to create an ever more perfect union, which makes me extraordinarily proud and grateful that I am an American.  

 

Despite Trump, I keep the faith.